Michael A. Pensabene

Michael A. PensabeneView PDF

Michael A. Pensabene

New York, New York

Michael A. Pensabene joined Rosenberg & Estis, P.C. in 2000 and is a member with the firm’s Litigation Department. Prior to joining the firm, Mr. Pensabene spent seven years working for one of the largest real estate companies in New York City, while attending law school at night. That background has allowed Mr. Pensabene to be active in all aspects of the firm's practice, including commercial litigation, landlord and tenant litigation, rent regulation, real estate development and construction, assemblages, co-op/condo law, partnership disputes, title issues, foreclosures, workouts, and bankruptcy. Mr. Pensabene is qualified, pursuant to Part 36 of the Rules of the Chief Judge, to act as Counsel to Receiver and Counsel to Guardian. 

Mr. Pensabene's experience affords him the judgment to evaluate competing property interests and the business relationship between the parties, to know how and when to assert clients' rights to achieve their objectives.  Mr. Pensabene's achievements representing clients such as the Hyatt Corporation, Trinity Real Estate, Forest City Ratner Companies and the Durst Organization are founded on these principles and were honed in a wide variety of forums, including City, State and Federal courts. Mr. Pensabene successfully tried one of the first cases concerning novel landlord and tenant issues resulting from the September 11, 2001 terrorist attack and set precedent concerning service of process. Mr. Pensabene's expertise in connection with construction activities has ensured the timely completion of developments and the protection of neighboring property rights, including negotiating easements, work agreements, clearing development sites, and obtaining injunctive relief from the Supreme Court. He has also represented boards, shareholders, unit owners, sponsors and managing agents in a wide variety of disputes concerning complex co-op/condo issues.

Notable Work

  • E-Z Eating 41 Corp., et al., v. H.E. Newport, LLC, et al., 2019 N.Y. Slip Op. 02458 (1st Dept. 2019)
  • Brookford, LLC v. Penraat, 47 Misc.3d 723 (Sup. Ct. New York County 2014)
  • Arthur Management v. Zuck, NYLJ 2/25/08, p.21, col. 3 (Civ. Ct., Kings Co.)
  • E-Z Eating 41 Corp. v. H.E. Newport, LLC, 23 Misc.3d 1125(A) (Sup Ct NY Co. 2009)
  • KSLM Columbus Apartments, Inc. v. Bonnemere, N.Y.L.J., 1/5/05, 19:1 (Civ. Ct., N.Y. Co.)
  • The Rector, Church-Wardens and Vestrymen of Trinity Church in the City of New York v. Chung King House of Metal, NYLJ, July 7, 2009, at 27, col. 3 (Civ. Ct., N.Y. Co.)

Mr. Pensabene received his bachelor's degree from State University of New York at Stony Brook and his J.D. from Brooklyn Law School.

Year Joined Firm

  • 2000

Areas of Practice

  • Commercial Litigation
  • Landlord Tenant Law
  • Real Estate Litigation
  • Real Estate Development
  • Rent Regulation and Administrative Law
  • Condominium/Cooperative Litigation
  • Construction Law and Litigation
  • Leasing
  • Arbitration
  • Federal Practice

Bar Admissions

  • Connecticut, 2000
  • New York, 2001
  • U.S. District Court Southern District of New York, 2002
  • U.S. District Court Eastern District of New York, 2002


  • Brooklyn Law School
    • J.D. - 2000
  • State University of New York at Stony Brook
    • B.A. - 1992


  • In June 2016, Warren A. Estis and Michael A. Pensabene presented seminars for the continuing legal education program at the New York State Judicial Institute, which provides statewide education and training for the judges and justices of the New York State Unified Court System.

Honors and Awards

  • Moot Court Honor Society

Professional Associations and Memberships

  • New York State Bar Association
  • New York County Lawyers Association